- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✖ No protections
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✖ Lesbians, gays, bisexuals permitted, transgender people banned
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- Unknown
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Public Opinion
Public opinion surveys in Montana have pointed to a varied attitude towards LGBTQ+ individuals.
OPPOSE
SUPPORT
History
Same-sex marriage in Montana is legal.
Current status
Since Nov 19, 2014
Legal
In November 2014, U.S. District Judge Brian Morris struck down Montana’s ban on same-sex marriage, saying that it violated the 14th Amendment’s Equal Protection Clause.
Banned
In 1976, a statute took effect that defined marriage as “a personal relationship between a man and a woman.”
In 1997, another statute took effect that explicitly prohibited same-sex marriages.
In 2004, Montana’s voters approved Initiative 96, which was a constitutional amendment stating that only marriages between one man and one woman should be valid or recognized.
In 1997, another statute took effect that explicitly prohibited same-sex marriages.
In 2004, Montana’s voters approved Initiative 96, which was a constitutional amendment stating that only marriages between one man and one woman should be valid or recognized.
Censorship of LGBT issues in Montana is no censorship.
Current status
No censorship
There are no laws censoring LGBT topics in Montana.
In 2023, Montana attempted to ban drag performances under House Bill 675 but it was blocked by a federal judge.
In 2023, Montana attempted to ban drag performances under House Bill 675 but it was blocked by a federal judge.
Right to change legal gender in Montana is legal, no restrictions.
Current status
Since Jun 25, 2024
Legal, no restrictions
A judge ruled that Senate Bill 458, which defined sex as only male or female and made changing your gender on your birth certificate impossible, was unconstitutional because its subject wasn’t clear in its title as required by the Montana Constitution.
Legal, no restrictions
Judges have struck down Montana's ban on birth certificate gender marker changes for transgender people. The judges argue the state acted in bad faith, as they were told to suspend the requirement for surgery, not the change of birth certificates altogether.
Illegal
Montana will no longer amend sex markers on birth certificates, unless biological sex was "marked wrong" at birth.
Gender-affirming care in Montana is legal.
Current status
Legal
On April 28, 2023, Governor Gianforte signed a bill that bans gender-affirming care for transgender minors. The bill was set to become effective at the end of September, but on September 27th, 2023, Montana District Court Judge Jason Marks granted a preliminary injunction, blocking the bill from taking effect. On December 12th, 2023, Montana’s Supreme Court upheld the injunction.
Legal recognition of non-binary gender in Montana is not legally recognized.
Current status
Not legally recognized
Montana does not legally recognize a third gender.
LGBT discrimination in Montana is illegal in some contexts.
Current status
Since Jul 30, 2016
Illegal in some contexts
Discrimination protection for state employees. as well complete city protections in 4 cities. As well in 1 county. Federal sex discrimination protection under section VII. Sexual orientation and gender identity under federal hate crime law.
LGBT employment discrimination in Montana is sexual orientation and gender identity.
Current status
Since Jun 15, 2020
Sexual orientation only
President Trump's Department of Justice and the EEOC revoked protections for gender identity in employment discrimination. Statewide protections do not exist in private enterprise.
Sexual orientation and gender identity
The Equal Employment Opportunity Commission has ruled that “[A]llegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex”, and are barred by the Civil Rights Act of 1964. This ruling applies at both the state and federal levels. Statewide protections in private enterprise do not exist.
Gender identity only
At the state level, Democratic Governor Steve Bullock, via executive order, expanded existing protections for employees in the public sector to include gender identity and to state contractors.
Federally, in a landmark decision, Democratic President Obama's EEOC ruled that gender identity was included under Title VII protections from the Civil Rights Act (originally written to protect people based on sex discrimination).
Federally, in a landmark decision, Democratic President Obama's EEOC ruled that gender identity was included under Title VII protections from the Civil Rights Act (originally written to protect people based on sex discrimination).
LGBT housing discrimination in Montana is no protections.
Current status
No protections
This state does not provide any legal protections from discrimination based upon sexual orientation or gender identification.
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
Same-sex adoption in Montana is legal.
Current status
Legal
Single-parent and married petitioning jointly are allowed in adoptions per Montana Code 42-1-106. Second-parent adoption is allowed per Montana Code 42-4-302(c)(2).
Intersex infant surgery in Montana is not banned.
Current status
Not banned
Montana's ban on gender-affirming care for minors allows for intersex infant surgery. Note: a court has issued an injunction against the bill stopping it's enforcement but the issue was with the clauses relating to gender-affirming care, not intersex infant surgery.
Serving openly in military in Montana is lesbians, gays, bisexuals permitted, transgender people banned.
Current status
Since May 6, 2025
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
Midday on May 6th, 2025, the Supreme Court issued an order allowing the Trump administration to enforce its ban on transgender service members while the court reviews their case.
Legal under federal United States law
On the evening of March 18th, U.S. District Judge Ana Reyes blocked the implementation of Trump's executive order banning transgender people from the military. The judge said that not only was the order unconstitutional but “a solution in search of a problem.”.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
On January 27th, 2025, President Trump signed an executive order that bans transgender people from serving in the military.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trump’s executive order from the previous month.
From then until March 18th, 2025, The U.S. military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trump’s executive order from the previous month.
From then until March 18th, 2025, The U.S. military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.
Legal under federal United States law
In 2021, former President Joe Biden removed then-former President Donald Trump’s ban on transgender people serving in the military.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
The Trump administration enacted a new policy barring individuals with a "condition" known as "gender dysphoria." from serving in the military.
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Blood donations by MSMs in Montana is legal.
Current status
Since May 11, 2023
Legal under federal United States law
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
Conversion therapy in Montana is not banned.
Current status
Not banned
Conversion Therapy is currently legal. No law currently bans it, despite organizations such as the American Psychological Association denouncing it.
United States Equality Rank
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#27 Arizona73
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#28 Utah73
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#29 Alaska72
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#30 Montana70
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#31 Iowa70
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#32 Kansas66
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#33 Missouri66
#194
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